For Your Data Greaves V. Mcgee Illustration Brief
September 01, 2019
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Greaves v. McGee instance brief summary
492 So. 2nd 307 (1986)
CASE FACTS
The landowners filed a electrical load for declaratory judgment against the minerals lessee together with county lessor to flora the ownership of minerals underlying a populace route that crossed the landowners' property. The minerals lessee counterclaimed for a declaratory judgment inward his favor.
PROCEDURAL HISTORY
The lower courtroom entered judgment for the landowners, holding that the master grantor had exclusively conveyed the county lessor a correct of agency across the land. The minerals lessee appealed together with the courtroom affirmed the judgment.
DISCUSSION
CONCLUSION
The courtroom affirmed a declaratory judgment against the minerals lessee together with establishing the landowners' ownership of minerals nether a populace route across the landowners' property.
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492 So. 2nd 307 (1986)
CASE SYNOPSIS
Appellant minerals lessee challenged an guild from the Circuit Court for Lamar County (Alabama), which found inward favor of appellee landowners inward a declaratory judgment activeness seeking the institution of rights inward minerals underlying a populace route that crossed the landowners' property.CASE FACTS
The landowners filed a electrical load for declaratory judgment against the minerals lessee together with county lessor to flora the ownership of minerals underlying a populace route that crossed the landowners' property. The minerals lessee counterclaimed for a declaratory judgment inward his favor.
PROCEDURAL HISTORY
The lower courtroom entered judgment for the landowners, holding that the master grantor had exclusively conveyed the county lessor a correct of agency across the land. The minerals lessee appealed together with the courtroom affirmed the judgment.
DISCUSSION
- The courtroom held that the county lessor had exclusively a correct of agency for the limited role of constructing together with maintaining the populace road.
- The courtroom found that the deed was replete alongside references to the limited role of the conveyance, an opened upwards description contained inward the deed strongly implied that no conveyance of a fee exactly was contemplated, together with the grantor's doubt equally to the place of the route was non consistent alongside the intent to pick out a fee interest.
- The courtroom besides found that the county lessor's reply to the landowners' asking for admissions admitted that the deed conveyed to it exclusively a correct of way.
CONCLUSION
The courtroom affirmed a declaratory judgment against the minerals lessee together with establishing the landowners' ownership of minerals nether a populace route across the landowners' property.
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